The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 542
COMBINATIONS RESTRICTING TRADE OR COMMERCE

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F.S. 542.235

542.235 Limitations of actions and penalties against local governments and their officials and employees.—

(1) No criminal action shall be brought pursuant to s. 542.21(2) against any local government.

(2) No civil penalties, damages, interest on damages, costs, or attorneys’ fees shall be recovered under s. 542.21(1) or s. 542.22 from any local government.

(3) No injunctive or other equitable relief pursuant to s. 542.23 shall be granted against a local government or its officials or employees acting within the scope of their lawful authority, if the official conduct which forms the basis of the suit bears a reasonable relationship to the health, safety, or welfare of the citizens of the local government, unless the court finds that the actual or potential anticompetitive effects outweigh the public benefits of the challenged action.

(4) No criminal action shall be maintained pursuant to s. 542.21(2), and no civil penalties, damages, interest on damages, costs, or attorneys’ fees shall be recovered pursuant to s. 542.21(1) or s. 542.22, against any local government official or employee for official conduct within the scope of her or his lawful authority, unless the official or employee has violated the provisions of this chapter for the purpose of deriving personal financial or professional gain or for the professional or financial gain of her or his immediate family or of any principal by whom the official is retained.

(5) Subsections (2) and (4) shall not apply to cases commenced before June 19, 1985, unless the defendant establishes, and the court determines, in light of all the circumstances, including the stage of litigation and the availability of alternative relief, that it would be inequitable not to apply these subsections to a pending case. In consideration of this subsection, the existence of a jury verdict or district court judgment or any stage of litigation subsequent thereto shall be deemed to be prima facie evidence that subsections (2) and (4) shall not apply.

History.—ss. 2, 3, ch. 85-261; s. 754, ch. 97-103.

F.S. 542.235 on Google Scholar

F.S. 542.235 on Casetext

Amendments to 542.235

Arrestable Offenses / Crimes under Fla. Stat. 542.235

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 542.235.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In JET CENTER, INC. a v. v., 322 B.R. 182 (Bankr. M.D. Fla. 2005)

. . . Stat. ch. 542.235(3) (2004). . . .

DUCK TOURS SEAFARI, INC. v. THE CITY OF KEY WEST,, 875 So. 2d 650 (Fla. Dist. Ct. App. 2004)

. . . See §§ 542.18-.19, § 542.235(2), Fla. Stat. (1995). . . . See id. § 542.235. . . . For this proposition, the court relied on section 542.235, Florida Statutes (1995), which precludes damage . . . The trial court relied on section 542.235 which prohibits attorney’s fees under certain circumstances . . . See id. § 542.235(2), (4). . . .

J. HEDER, v. CITY OF TWO RIVERS,, 149 F. Supp. 2d 677 (E.D. Wis. 2001)

. . . . §§ 542.235(l)(b)(5), (l)(c) (West 1997). . . .

SEBRING UTILITIES COMMISSION, v. HOME SAVINGS ASSOCIATION OF FLORIDA, a a, 508 So. 2d 26 (Fla. Dist. Ct. App. 1987)

. . . Florida recently enacted section 542.235, Florida Statutes (1985), expressly immunizing municipalities . . .